[HISTORY: Adopted by the Board of Health
of the Borough of Harrington Park 10-3-2011. Amendments noted where applicable.]
A code defining and prohibiting certain matters,
things, conditions or acts and each of them as a nuisance, prohibiting
certain noises or sounds, requiring the proper heating of apartments,
prohibiting lease or rental of certain buildings, prohibiting spitting
in or upon public buildings, conveyances or sidewalks, authorizing
the inspection of premises by an enforcing official, providing for
the removal or abatement of certain nuisances and recovery of expenses
incurred by the Board of Health in removing or abating such nuisances
and prescribing penalties for violations is hereby established pursuant
to Chapter 188, Laws of 1950 (N.J.S.A. 26:3-69.1 et seq.). A copy
of the code is annexed to and made a part of this article without
the inclusion of the text herein.
The code established and adopted by this article
is described and commonly known as the "Public Health Nuisance Code
of New Jersey (1953)."
Three copies of the Public Health Nuisance Code
of New Jersey (1953) have been placed on file in the offices of the
Secretary of the Board of Health and the Borough Clerk for the use
and examination of the public.
As used in this article, the following terms
shall have the meanings indicated:
Include an individual, firm, corporation, association, society,
partnership and their agents or employees.
Registered environmental health specialist.
A.
No person shall create, commit or maintain, or allow
to be created, committed or maintained, any nuisance within the Borough
of Harrington Park, New Jersey.
B.
For the purposes of this article, the following specific
things, conditions and acts, each and all of them, are hereby defined
and declared to be nuisances:
(1)
Maintaining or permitting to be maintained any pool,
pond, ditch, stream or other body of water, or any cistern, privy
vault, cesspool, rain barrel or other receptacle containing liquid,
or permitting the accumulation of any water or liquid in which mosquito
larvae or pupae breed or do exist.
(2)
The existence or presence of any accumulation of garbage,
refuse, manure or animal or vegetable matter in which fly larvae or
pupae exist or which attracts flies and other insects or wherein they
breed.
(3)
Constructing, maintaining or using any well or permitting
the use of any well or other supply of water for drinking or household
purposes which is polluted or which is so situated or constructed
that it may become polluted.
(4)
Polluting or causing or permitting the existence of
any condition or conditions which pollute or cause or threaten the
pollution of any source of potable waters or any water supply.
(5)
Permitting ragweed in a flowering state or poison
ivy to exist or to grow upon any public or private property.
(6)
Permitting the existence of any imperfect, defective,
leaking, unclean or filthy sink, water closet, urinal, sump pit, slop
basin or other plumbing fixture in any building used or occupied by
human beings.
(7)
Depositing, maintaining or permitting the maintenance
or accumulation of any household refuse, wastewater, sewage, garbage,
tin cans, offal or excrement; any decaying fruit, vegetable, fish,
meat, animal carcass or bones; any oyster or clam shell; or any other
matter, material, substance or thing which serves as food for insects
or rodents and to which they may have access, or which serves as or
constitutes a breeding place or harborage for insects, rats or other
rodents.
(8)
Causing or permitting to be created or to exist on
any property any foul or obnoxious odors, gases or vapors.
(9)
Depositing or storing or permitting the deposit, storage
or accumulation on any property of any foul, putrid, corrosive or
otherwise obnoxious liquid or substance.
(10)
Depositing or storing or permitting the deposit,
storage or accumulation on any property of any chemical or other waste
or flammable, explosive, corrosive or otherwise dangerous liquid,
material or substance, except in a manner and under such conditions
and restrictions as are prescribed by law.
(11)
Permitting any garbage, offal, scraps, waste
food or other putrescible material to be held in a container which
is not watertight or which is uncovered, in any store or factory,
outside of any building, on any public or private property or in any
building of multiple occupancy.
(12)
Spitting by any person upon any public sidewalk
or crossing or upon the floor of any public building, bus or other
public conveyance.
(13)
The keeping of horses, cows, goats, rabbits,
guinea pigs, dogs, cats or other animals under unsanitary conditions.
(14)
The keeping of swine, cows, horses or chickens
except by special written permission of the Board of Health.
(15)
Permitting any human excrement or material containing
human excrement to remain or flow upon the surface of the ground or
to remain or flow in any open ditch or stream; or burying, plowing
under or otherwise disposing of such excrement or permitting the same
to be done near any stream, well, lake, spring or other source of
water used for drinking or domestic purposes; or depositing or permitting
to be deposited any such material in any place where it is likely
to gain access to such water or appear again above the surface of
the ground.
(16)
Permitting
any condition which is dangerous to human life or health or which
renders air, water, soil or any type of food hazardous or injurious
to human life or health.
(17)
Permitting
the formation or accumulation of any pool of stagnant water.
C.
The following
are hereby declared to be nuisances within the meaning of this article:
(1)
No person shall, within the Borough of Harrington
Park, sweep, throw, place or otherwise deposit in or upon any sidewalk,
street, gutter, public alley, park or parking area or any other public
place any dirt, rubbish, paper, garbage, filth, ashes, glass, rubbish
or refuse of any kind, or suffer or permit the same to be done.
(2)
No person shall throw, deposit or otherwise place
upon any sidewalk, crosswalk or other public place used for pedestrian
travel any fruit, vegetable or other substance which, when stepped
upon, is liable to cause or does cause any person to slip or fall.
(3)
No person shall, within the Borough of Harrington
Park, direct, discharge or otherwise drain, or cause or permit the
direction, discharge, flow or drainage, into any gutter or upon or
across any sidewalk, street, public alley, park or parking area or
any other public or private place, of any:
(a)
Refuse or wastewater from any sink, stable,
toilet, septic tank, cesspool, sewer lateral or sewage disposal unit.
(b)
Waste- or washwater from any laundry, automobile
filling station, garage or car-washing establishment.
(c)
Stormwater from a cellar drain or sump pump
or from any storm drain, brook, spring, pond, marsh or lowland or
from any swimming pool.
(4)
No person shall, within the Borough of Harrington
Park, deposit, empty, drain or discharge any gasoline, fuel or lubricating
oil or other petroleum product or derivatives; or any solvent, thinner,
lacquer, paint, paint remover, varnish, cleaning fluid or other cleansing
preparation; or anything of a corrosive, explosive or flammable nature,
or any effluent containing any of the same, into any storm sewer,
catch basin, ditch, stormwater drain, gutter, street or other public
place.
(5)
No person shall, within the Borough of Harrington
Park, burn any substance in any public street or burn or permit to
be burned any garbage, animal remains or offal, or burn any other
substance in such a manner that there is thereby created noxious,
nauseating or annoying smoke, fumes or odors.
(6)
No person shall, within the Borough of Harrington
Park, bury or permit to be buried the body of any dead animal, and
the owner or person in charge of any animal having died in the Borough
of Harrington Park shall remove and dispose of the body according
to the directions of the Health Officer or REHS.
(7)
No owner, tenant, lessee or person in charge of any
building, house, store, room or place shall, within the Borough of
Harrington Park, maintain the same or permit the same to be maintained
in any state of uncleanliness or filthiness or in any unsanitary condition.
(8)
The owner, lessee or other person in charge of any
barn, stable or shed in which any horse, goat or other domestic animal
is kept shall keep such barn, stable or shed and the premises thereof
in a clean and sanitary condition at all times, and no such person
shall maintain or permit to be maintained any accumulation of manure
nearer than 30 feet to any dwelling house.
(9)
No person shall, within the Borough of Harrington
Park, maintain any shed, coop, pen or runway for fowl or rabbits nearer
than 100 feet to the doors or windows of any building, or maintain
any such shed, coop, pen or runway in any unclean or unsanitary condition.
(10)
It
shall be unlawful for any person to make or cause or to suffer or
permit to be made or caused upon any premises owned, occupied or controlled
by him or it, or upon any public street, alley or thoroughfare in
the Borough of Harrington Park, any unnecessary noises or sounds by
means of the human voice or by any other means or methods which are
physically annoying to persons or which are so harsh or so prolonged
or unnatural or unusual in their use, time and place as to occasion
physical discomfort, or which are injurious to the lives, health,
peace and comfort of the inhabitants of the Borough of Harrington
Park.
All places and premises in the Borough of Harrington
Park shall be subject to inspection by the Board of Health, the Health
Officer or the REHS.
A.
Whenever a nuisance, as declared by this article,
is found on any plot of land, lot, right-of-way or any other private
premises or place, notice in writing shall be given to the owner thereof
to remove or abate the same within such time as shall be specified
therein, but not less than five days from the date of service thereof.
A duplicate of the notice shall be left with one or more of the tenants
or occupants of the premises or place.
B.
If the owner resides out of the state or cannot be
so notified speedily, such notice shall be left at that place or premises
with the tenant or occupant thereof or be posted on the premises,
and such action shall be considered proper notification to the owner,
tenant or occupant thereof.
C.
Whenever a nuisance, as declared by this article,
is found on any public property or on any highway or any other public
premises or place, notice in writing shall be given to the person
in charge thereof to remove or abate the same within such time as
shall be specified therein. If such person fails to comply with such
notice within the time specified therein, the Board of Health may
remove or abate such nuisance in the manner as hereinafter provided
in the case of a like condition existing on a private premises or
place.
D.
If the owner, tenant or occupant who is notified as
provided by this section shall not comply with such notice within
the time specified therein and fails to remove or abate such nuisance,
the Board of Health shall proceed to abate the nuisance or may cause
it to be removed or abated in a summary manner by such means as said
Board shall deem proper in accordance with law.
The Board of Health may institute an action
at law to recover costs incurred by it in the removal or abatement
of any nuisance, as declared by this article, from any person who
shall have caused or allowed such nuisance to exist or from any owner,
tenant or occupant of premises who, after notice and notification
as herein provided, shall fail to remove and abate the same within
the time specified in such notice.